Link Parking / BW Legal, Notice of County Court Claim Issued. 29/11/18

Rgrvx220

Hi guys,
I'm guessing I'm going to have to appear in court soon for this PCN so been reading through the newbies faq thread and associated cases but I can't find a defence statement similar to my case. I think i have found a floor in Link Parkings ticket but wanted to know if anyone can help with a template defence and if this is sufficient to defend a claim by itself.

So I am basically at the stage of having submitted AoS through MCOL (12/12/18) to CCBC Northampton. A few details of letters received.
02/05/18 -PCN issued by Link Parking Ltd.
6/6/18 -NTK demanding £100.00
29/08/18 -BW Legal adding the "contractual" £60.00
10/09/18 -LOC threatening County Court Claim £237.87
1/10/18 -Sent reply "annex 1" sec.4 requesting a written contract for advised debt and how charges and loss of income have been calculated. They emailed back with photos of signage and my car parked in an" un-designated bay" and didn't reply to costs.

The car park is part of new build block of apartments with a snap fitness gym at the bottom where members can park.

My basis of argument is the address they said I have parked at doesn't correlate with the gym parking area and as its in a private car park it has no road name but the road name / postcode they have stated is about 10min walk away down the road. Would this be enough by itself to void the ticket. I can print the dropped pin on Google maps of where they have stated I was and where I actually was but cant submit the evidence as MCOL doesn't allow attachments. Any help would be appreciated
Thanks in advance.

Le_Kirk

I think i have found a [STRIKE]floor [/STRIKE]flaw in Link Parkings ticket

I hope you've found a flaw, rather than a floor but I doubt it, these little inconsequentials don't seem to bother the PPC's or POPLA!

Rgrvx220

�� that was my only backbone I had. So looks like the 1% of losses might rise soon. Would you suggest requesting the SAR so I could at least try to see if they actually paid BW legal the £60 charges?

Umkomaas

Rgrvx220 wrote: »

�� that was my only backbone I had. So looks like the 1% of losses might rise soon. Would you suggest requesting the SAR so I could at least try to see if they actually paid BW legal the £60 charges?

A SAR is unlikely to reveal that. It is not a Freedom of Information Request (for public bodies only), it relates to how your personal data has been handled/managed by the PPC and to whom it has been passed on to.

Rgrvx220

Thanks Umkomaas, il try to draft a defence from some other cases and post soon.

KeithP

With a Claim Issue Date of 29th November (is that right?), and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 2nd January 2019 to file your Defence.

That's over two weeks away, they may be busy weeks. Loads of time to produce a good Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of [URL="https://forums.moneysavingexpert.com/discussion/4816822NEWBIES FAQ sticky thread[/URL] to find out exactly what to do with it.

Redx

Rgrvx220 wrote: »

�� that was my only backbone I had. So looks like the 1% of losses might rise soon. Would you suggest requesting the SAR so I could at least try to see if they actually paid BW legal the £60 charges?

you object to any extra charges like this so that they have to prove to the court that it was paid and is justified

see other defence examples to see how they have done this (which is what you should be doing)

it is for them to prove their case, and all their assertions , you put them on the spot, like johnny on the spot , if only to minimise any judgment made against you

this wont be in court anytime "soon) , it can take up to 6 months or so

and their assertions are about where the vehicle was, not a person, think about it !! ( they dont monitor people, this isnt orwellian "1984")

I have never seen any evidence in over 5 years here of a "ticket being voided"

its an invoice, either you owe some of it , all of it , or none of it

and the MCOL stage doesnt require or want any evidence, its a government clearing house, an office manned by overworked civil servants

your evidence and WS are to go to your local court by the date that court tells you they have to be in by

READ the BARGEPOLE walkthrough, linked in the NEWBIES FAQ sticky thread

Rgrvx220

Thanks for the info KeithP, I thought it was 14 days after AoS, glad I have a little extra time to get something together. Will save a signed pdf and email when ready.
Thank you.

Rgrvx220

Thanks for the clarity Redx, what I meant to say was the postcode and road name stated where the contravention occurred doesn't correlate with the photo evidence attached which is taken in a private car park opposite a different road name.

I briefly read over loadsofchildren123 and bargepoles post but will try to gather information which can be used to defer extra costs.

Thanks all for the swift replys.

KeithP

Rgrvx220 wrote: »

Thanks for the info KeithP, I thought it was 14 days after AoS...

It's actually thirty-three days after the date of issue - which is why I was looking for your confirmation of the Claim Issue Date.

Redx

Rgrvx220 wrote: »

Thanks for the clarity Redx, what I meant to say was the postcode and road name stated where the contravention occurred doesn't correlate with the photo evidence attached which is taken in a private car park opposite a different road name.

so use that to your advantage in your defence, rubbish their POC and call anything into question so you can use your evidence and WS stage to submit information on their errors, by expanding on your defence in your WS


at this stage , there is no "I", there is DRIVER , KEEPER , CLAIMANT , DEFENDANT , OCCUPANT OF VEHICLE etc


no "MY , ME , MYSELF & I"